Act No. 200, 1993 | Constitution of the Republic of South Africa, 1993 |
service, the qualifications, level of training, merit, efficiency and suitability of the persons who qualify for the appointment, promotion or transfer concerned, and such conditions as may be determined or prescribed by or under any law, shall be taken into account.
(5) Subsection (4) shall not preclude measures to promote the objectives set out in subsection (2).
(6) Provision shall be made by law for a pension for a member of the public service by means of a pension fund or funds established by law, and members of the public service who are required by law to be members of a pension fund shall be entitled to fair representation on the body which manages the applicable fund.
(7) (a) In the event of changes to the law governing pension funds which prejudice a member of a fund, the real value of the accrued benefits of such member of a fund, and his or her beneficiary, as represented by the fund’s actuarial liability towards the member or his or her beneficiary, shall be maintained.
(b) The retirement age applicable to a public servant by law as at 1 October 1993, shall not be changed without his or her consent.
(8) For the purposes of this section the public service shall include the permanent force of the National Defence Force referred to in section 266(1).
Provincial Service Commissions
213. (1) A provincial legislature may provide by law for a provincial service commission and, subject to norms and standards applying nationally, such commission shall, in respect of public servants employed by the province, be competent—
(2) The provisions of sections 210(2), (3), (4), (5) and (7) and 211 pertaining to the Public Service Commission, shall mutatis mutandis apply to a provincial service commission, except that any reference to an Act of Parliament, Parliament or the President shall be deemed to be a reference to a provincial law, a provincial legislature or the Premier of a province, respectively.
Chapter 14
Police and Defence
South African Police Service
Establishment
214. (1) There shall be established and regulated by an Act of Parliament a